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e-CFR data is current as of July 14, 2020

Title 10Chapter IPart 2Subpart F → Subject Group


Title 10: Energy
PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE
Subpart F—Additional Procedures Applicable to Early Partial Decisions on Site Suitability Issues in Connection With an Application for a Construction Permit or Combined License To Construct Certain Utilization Facilities; and Advance Issuance of Limited Work Authorizations


Phased Applications Involving Limited Work Authorizations

Source: 72 FR 57440, Oct. 9, 2007, unless otherwise noted.

§2.641   Filing fees.

Each application which contains a request for limited work authorization under the procedures of §2.101(a)(9) and this subpart shall be accompanied by any fee required by §50.30(e) and part 170 of this chapter.

§2.643   Acceptance and docketing of application for limited work authorization.

(a) Each part of an application submitted in accordance with §2.101(a)(9) will be initially treated as a tendered application. If it is determined that any one of the parts as described in §2.101(a)(9) is incomplete and not acceptable for processing, the Director of the Office of Nuclear Reactor Regulation will inform the applicant of this determination and the respects in which the document is deficient. A determination of completeness will generally be made within a period of 30 days.

(b) The Director will accept for docketing part one of an application for a construction permit for a utilization facility which is subject to §51.20(b) of this chapter and is of the type specified in §50.21(b)(2) or (3) or §50.22 of this chapter or an application for a combined license where part one of the application as described in §2.101(a)(9) is complete. Part one will not be considered complete unless it contains the information required by §50.10(d)(3) of this chapter. Upon assignment of a docket number, the procedures in §2.101(a)(3) and (4) relating to formal docketing and the submission and distribution of additional copies of the application must be followed.

(c) If part one of the application is docketed, the Director will cause to be published in the Federal Register and send to the Governor or other appropriate official of the State in which the site is located, a notice of docketing of the application which states the purpose of the application, states the location of the proposed site, states that a notice of hearing will be published, and requests comments on the limited work authorization from Federal, State, and local agencies and interested persons. The notice will state that comments must be submitted to the NRC within 60 days or such other time as may be specified in the notice.

(d) Part two of the application will be docketed upon a determination by the Director that it is complete.

(e) If part two of the application is docketed, the Director will cause to be published in the Federal Register and sent to the Governor or other appropriate official of the State in which the site is located, a notice of docketing of part two of the application which states the purpose of the application, states that a notice of hearing will be published, and requests comments on the construction permit or combined license application, as applicable, from Federal, State, and local agencies and interested persons. The notice will state that comments must be submitted to the NRC within 60 days or such other time as may be specified in the notice.

[72 FR 49478, Aug. 28, 2007, as amended at 84 FR 65644, Nov. 29, 2019]

§2.645   Notice of hearing.

(a) The notice of hearing on part one of the application must set forth the matters of fact and law to be considered, as required by §2.104, which will be modified to state that the hearing will relate only to the matters related to §50.33(a) through (f) of this chapter, and the limited work authorization.

(b) After docketing of part two of the application, as provided in §§2.101(a)(9) and 2.643(d), a supplementary notice of hearing will be published under §2.104 with respect to the remaining unresolved issues in the proceeding within the scope of §2.104. The supplementary notice of hearing will provide that any person whose interest may be affected by the proceeding and who desires to participate as a party in the resolution of the remaining issues shall, file a petition for leave to intervene within the time prescribed in the notice. The petition to intervene must meet the applicable requirements in subpart C of this part, including §2.309. This supplementary notice will also provide appropriate opportunities for participation by a representative of an interested State under §2.315(c) and for limited appearances under §2.315(a).

(c) Any person who was permitted to intervene under the initial notice of hearing on the limited work authorization and who was not dismissed or did not withdraw as a party, may continue to participate as a party with respect to the remaining unresolved issues only if, within the time prescribed for filing of petitions for leave to intervene in the supplementary notice of hearing, that person files a petition for intervention which meets the applicable requirements in subpart C of this part, including §2.309, provided, however, that the petition need not address §2.309(d). However, a person who was granted discretionary intervention under §2.309(e) must address in its petition the factors in §2.309(e) as they apply to the supplementary hearing.

(d) A party who files a non-timely petition for intervention under paragraph (b) of this section to continue as a party may be dismissed from the proceeding, absent a determination that the party has made a substantial showing of good cause for failure to file on time, and with particular reference to the factors specified in §§2.309(c)(1)(i) through (iv) and 2.309(d). The notice will be ruled upon by the Commission or presiding officer designated to rule on petitions for leave to intervene.

(e) To the maximum extent practicable, the membership of the Atomic Safety and Licensing Board, or the individual presiding officer, as applicable, designated to preside in the proceeding on the remaining unresolved issues under the supplemental notice of hearing will be the same as the membership or individual designated to preside in the initial notice of hearing.

§2.647   [Reserved]

§2.649   Partial decisions on limited work authorization.

The provisions of §§2.331, 2.339, 2.340(b), 2.343, 2.712, and 2.713 apply to any partial initial decision rendered in accordance with this subpart. Section 2.340(c) does not apply to any partial initial decision rendered in accordance with this subpart. A limited work authorization may not be issued under 10 CFR 50.10(d) without completion of the review for limited work authorizations required by subpart A of part 51 of this chapter. The authority of the Commission to review such a partial initial decision sua sponte, or to raise sua sponte an issue that has not been raised by the parties, will be exercised within the same time as in the case of a full decision relating to the issuance of a construction permit or combined license.

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